I'm a new member facing off against LVNV via Johnson Mark for some junk debt being pursued under an account stated claim with an ujust enrichment claim tacked on, which give what they pay for these things is difficult to comprehend.
While doing my due diligence getting ready. And well, I still do that. I developed an affinityfor how Brian after all his experiences still bothers to analyze the big picture behind all of this, i.e., hundreds of thousand of cases filed, many with badly drafted pleadings, no actual evidence, ect. All conjesting the courts and maybe even Sheriff's departments too, if you consider all the default judgements. Not to mention HR departments with garnishments. And that this essentially only effects individual people that are already typically forced, by health issues, accidents, loss of employment, under employment, ect. into harsh circumstances.
So with that in mind, I was wondering, mostly a question for Brian here, but have you ever considered that a Federal suit under U.S. Constitution, Article I, Section 8, Clause 3 to effect Amend. XIII, amend. XIV, § 1? Maybe through a removal of actions, in an appropriate case? It also has me wondering about just how Sustantive due process being considered, SO many changes are happening inthe country, looking at you private equity!. The FDCPA just seems ineffective now. I definitely don't recommend anyone pursuing this the in a case though!!!
Oh, fun facts:
the counsel asigned to my case is also a Bancruptcy Attorney with her own practice.
The magistrate was a deputy attorney general for quite a while, and a career public servant, so I'm hopeful!
Anyway, if you've made to the end of this, thank you for reading!!